State College responds to Osagie lawsuit, citing officers’ experience and training
State College pushed back Monday against a federal lawsuit filed by the family of a man fatally shot by a borough police officer, saying officers followed their training and were left with no other choice.
The borough’s 48-page response to the lawsuit filed by the parents of Osaze Osagie identified the veteran officers involved in the shooting for the first time.
“It is denied that there has been a ‘systemic failing’ by the borough and SCPD to implement and enforce policies and practices to protect persons with mental health disabilities during encounters with police,” borough attorney David MacMain wrote. “SCPD has extensive policies and progressive training in a number of relevant areas, to include policies regarding mental health encounters and use of force.”
Osagie was the first person to be fatally shot by a State College police officer in the department’s more than centurylong history. Osagie was a Black man; all three officers who responded are white.
MacMain wrote six times that borough police officers have served more than 1,400 mental health warrants since 2009 and responded to “thousands” of other mental health calls without using deadly force.
The borough’s response also painted Osagie as a quiet, soft-spoken man who became a danger to himself or others when he was not properly medicated or monitored.
“Sadly — like some other persons who suffer from mental illness — when Osaze was not using his required medication, was not monitored by his support system and/or cut off ties with his support system, Osaze sometimes caused a danger to himself, his family, neighbors and/or other members of the community to which SCPD officers and officers from other law enforcement agencies were called to address,” MacMain wrote.
Osagie was reported missing in March 2019 after he sent his father text messages that said there would be “trouble” with the police “in a little bit.”
Officer M. Jordan Pieniazek, Sgt. Christopher Hill and Lt. Keith Robb responded to Osagie’s Marvin Gardens apartment one day later to serve an involuntary mental health warrant.
Osagie held a serrated knife in his right hand while speaking with officers before moving toward the trio in a narrow hallway that was several feet long.
Hill fired his Taser, which was ineffective. Pieniazek fatally shot Osagie with his handgun.
“While the family is understandably heartbroken, the borough is disappointed that suit has been filed despite the fact that the incident was thoroughly and fairly investigated by the Centre County District Attorney’s Office, who issued a comprehensive report finding no wrongdoing by the involved officers, and the Pennsylvania state police ... both whom found that the use of deadly force — albeit unfortunate — was necessary to protect the officers from the knife attack by Osaze Osagie,” MacMain wrote in a statement.
All three officers were cleared in May 2019 of any wrongdoing by Centre County District Attorney Bernie Cantorna, who said the shooting was justified.
An internal review carried out by the trio’s fellow officers found they acted in accordance with the department’s policies and procedures.
Family attorneys Andy Shubin, Kathleen Yurchak and Andrew Celli alleged the shooting was a result of the borough’s “deliberate” indifference to protecting those with mental health disabilities.
Shubin was not immediately able to comment Monday, saying he did not yet review the borough’s response. Yurchak did not immediately respond.
“Osaze’s death is not the story of misconduct by a single ‘bad apple,’ ” Sylvester and Iyun Osagie’s attorney wrote in the lawsuit that was filed in November. “It is the story of years of systematic failings by the ... State College Police Department to meaningfully implement and enforce common-sense policies and practices to protect the rights of people with mental health disabilities during encounters with police.”
It is not the first federal lawsuit that Pieniazek was named in. The borough settled in March 2014 a civil rights lawsuit against Pieniazek and another officer, according to court documents.
The 3/20 Coalition, an advocacy group founded in response to Osagie’s death, pushed the borough to release the officers’ names for more than a year.
It’s “disappointing” that the borough chose not to identify the officers without legal action, secretary Melanie Morrison said.
This story was originally published January 4, 2021 at 7:15 PM.